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Returning item with security tag still on?

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  • 06-12-2011 4:25pm
    #1
    Easy Rod
    Registered Users Posts: 1,879 ✭✭✭


    I bought a pair of aviators from River Island as part of my Halloween costume but when i brought them home they still had the security tag on them and I obviously couldn't wear them

    I brought them back with the receipt (admittedly more than 28 days later) and got hassle for wanting a refund.

    Am i within my rights to request a refund as they weren't fit for their purpose when i bought them?


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    #2
    david75
    Banned (with Prison Access) Posts: 7,611 ✭✭✭david75


    not only that, ye can sue them for embarrassment if you said you kept getting stopped in other shops and their alarms kept going off!! had this loadsa times in arnotts when i worked there. theyd hafta pay these biddies off everytime cos theyd threaten to get legal!
    ask for the manager and say yer going to a solicitor.


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    #3
    Easy Rod
    Registered Users Posts: 1,879 ✭✭✭Easy Rod


    david75 wrote: »
    not only that, ye can sue them for embarrassment if you said you kept getting stopped in other shops and their alarms kept going off!! had this loadsa times in arnotts when i worked there. theyd hafta pay these biddies off everytime cos theyd threaten to get legal!
    ask for the manager and say yer going to a solicitor.
    It wasn't alarmed was the weird thing also, I would've noticed as i left the shop initially.


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    #4
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Easy Rod wrote: »
    Am i within my rights to request a refund as they weren't fit for their purpose when i bought them?

    No, you're not, because they're not unsuitable, you just didn't have the tag removed. I presume you have had the tag removed now, and that the glasses are fine?
    david75 wrote: »
    ask for the manager and say yer going to a solicitor.

    What a ridiculous suggestion. There is absolutely no legal recourse for setting off an alarm accidentally. Only if you were subsequently threatened in some way.


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    #5
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Have to agree with Jor el there. I wouldn't take davids advice if I was you, you will only show yourself up. Some of those security tags are duds, only meant to discourage shoplifters.

    There is nothing wrong with them so you are not entitled to a refund. Speak nicely, don't demand and they may still give you a refund though.

    This happened to me with a top from the Liverpool Football Store in Liverpool but only noticed when I got back to Dublin :eek:

    Thankfully, champion sports took it off for me when I explained and had the receipt.


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    #6
    daheff
    Registered Users Posts: 5,866 ✭✭✭daheff


    jor el wrote: »
    No, you're not, because they're not unsuitable, you just didn't have the tag removed. I presume you have had the tag removed now, and that the glasses are fine?

    they probably were unsuitable for wearing when he brought them home and for the purpose they were intended for. If the OP explains that then (if nothing else than for goodwill) river island should refund

    jor el wrote: »
    What a ridiculous suggestion. There is absolutely no legal recourse for setting off an alarm accidentally. Only if you were subsequently threatened in some way.

    not really. I worked in retail when in college. I've seen it happen. theres an implied accusation of theft if the alarm goes off (as the tags are only supposed to be taken off when the item is purchased).

    couple of recent cases
    http://www.independent.ie/national-news/courts/girls-get-euro45000-for-false-theft-accusation-2902836.html

    http://www.independent.ie/national-news/courts/girls-win-euro21000-for-false-shoplifting-claim-2923018.html

    Crucially in OPs case...did the tag work? if it didnt then only thing he could reasonable expect is a refund or possibly credit note


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    #7
    Del2005
    Registered Users Posts: 18,999 ✭✭✭✭Del2005


    daheff wrote: »
    they probably were unsuitable for wearing when he brought them home and for the purpose they were intended for. If the OP explains that then (if nothing else than for goodwill) river island should refund
    Unless the OP specifically mentioned that they wanted it for a Halloween party then they've no come back. The glasses are fine.


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    #8
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    daheff wrote: »
    they probably were unsuitable for wearing when he brought them home and for the purpose they were intended for. If the OP explains that then (if nothing else than for goodwill) river island should refund

    There's nothing wrong with them though, the tag is not part of the product. If he had gone back straight away he would have had the tag removed.
    daheff wrote: »
    Crucially in OPs case...did the tag work? if it didnt then only thing he could reasonable expect is a refund or possibly credit note

    He said it didn't work, so going to a solicitor is a ridiculous waste of time. Both of the cases you quote involved false imprisonment by security staff, which is something they have no right to do. An alarm going off is not an accusation, defamation or imprisonment of the person that set off the alarm.

    He's also not entitled to any refund or credit on a product that hasn't got a problem with it. The tag being left on does not make it unfit for the purpose it was intended for, because it was never intended (by manufacturer or retailer) to be a single use product.


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    #9
    Corruptedmorals
    Registered Users Posts: 4,194 ✭✭✭Corruptedmorals


    They may give you a credit note or the right to exchange up to the value- generally at the current selling price, you often lose your right to the price you paid even with the reeipt if the 28 days are up. An actual refund is unlikely after 28 days- the glasses were not faulty in any way, which is the only reason allowed for going beyond the refund period. The fact the tag was left on is unfortunate of course and that the big indicator that that has happened (alarm going off...) not happening either. But mistakes happen and it isn't their fault you waited more than 28 days. Go back, ask politely for a manager and you have a good chance of getting one of the first two options. They are still well within their rights to tell you to get lost though, don't forget.


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    #10
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    So, OP, did you go back with your receipt as proof of purchase and get them to simply remove the tags for you?


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    #11
    TamTaRam
    Registered Users Posts: 40 ✭TamTaRam


    Although tags are put on sunglasses in River Island, they don't work ;)
    Once my toddler took a pair (she was in a pushchair so I couldn't see her) and we got out of the shop with it without paying - no alarms went off.
    I realised what she did 10 minutes later when I was in another shop.
    I brought those sunglasses back to the store of course :)


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    #12
    Easy Rod
    Registered Users Posts: 1,879 ✭✭✭Easy Rod


    Basically what happened was the girl at the counter was pretty arsey with me for not bringing them back within 28 days and said she wouldn't give me a refund as it was my fault.

    I then asked for a manager and after a bit of posturing they gave me the full refund. I would've taken store credit if the assistant hadn't been so rude. All's well that ends well I suppose, guess i wasn't entitled to a refund as i had thought! :)

    Thanks for all the advice!


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